Showers

I.

BACKGROUND

A. Underlying Facts Delbert Joseph Mathews (Joe) 2 and Roberta Mathews first married in 1958. Joe and Roberta divorced in 1989. After the divorce, Joe married Zieta R. Mathews. On October 10, 2000, Joe and Zieta, as husband and wife (settlors) executed the Mathews 2000 Trust (Trust). Three years later the settlors executed a first amendment to the Trust. In February 2015, Zieta died and Joe became the sole surviving settlor and trustee of the Trust. In December 2015, Joe executed the first amendment to the survivor’s trust, which amended the dispositive provisions of the survivor’s trust created under the terms of the Trust. Roberta Mathews is a beneficiary of the survivor’s trust, and under the terms of the first amendment to the survivor’s trust, she is entitled to receive $50,000 upon Joe’s death. Joe remarried Roberta in October 2018. Joe died in February 2019. Upon his death, Mark O. Showers became the sole acting successor trustee of the Trust, including the survivor’s trust. Mark served Roberta with a notification by trustee pursuant to Probate Code section 16061.7, and copies of the Trust, the first amendment to the Trust and the first amendment to the…